Smt. Malini Shivdas Khade ... vs National Insurance Company ...
2022 Latest Caselaw 6197 Bom

P.H. Jayani                                   20(A) IA1373.2020.doc

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1373 OF 2020
                                   IN
                  FIRST APPEAL (ST.) NO. 32267 OF 2016

1. Smt. Malini Shivdas Khade (deceased)
2. Shri. Anil Shivdas Khade and ors.          .... Applicants

In the matter between :-
National Insurance Company Limited            .... Appellant
            v/s.
1. Smt. Malini Shivdas Khade (deceased)
2. Shri. Anil Shivdas Khade and ors.          .... Respondents


Ms. Amrin Khan i/b. Mr. A.M. Gokhale for the Applicants.
Mr. Sanjay Krishnan i/b. Harshada Rane for the Respondents.

                        CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st JULY, 2022.

P. C. :-

. By this Application, the Applicant Nos.2, 3 and 4 who are the

Original Claimant Nos.2, 3 and 4 have sought withdrawal of the

amount deposited by the Appellant - Insurance Company as per the

impugned judgment and award passed by the Member, MACT,

Pandharpur in Motor Accident Claim Petition No.75/2004.

2. Having considered the reasons stated in the Application and the

grounds raised in the Appeal memo, 50% of the compensation along

P.H. Jayani 20(A) IA1373.2020.doc

with proportionate interest accrued thereon is ordered to be paid to the

Applicant Nos.2, 3 and 4.

3. The Applicants shall file an undertaking before the Claims

Tribunal, Solapur that they shall refund the amount with interest in the

event the Appellant - Insurance Company succeeds in the Appeal. The

Tribunal to re-invest the balance amount of compensation in FDR in

any nationalized bank until further orders.

4. Interim Application stands disposed of.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by PREETI H JAYANI Date: 2022.07.06 14:58:27 +0530